The 26th Amendment’s changes to the way the judiciary is run in Pakistan will have long-term consequences for the legal profession itself. There is no doubt that the overburdened apex court, bombarded almost daily with political cases, has made it very difficult for ordinary litigants to have their day in court. For this reason, having a separate bench for constitutional or political matters is preferable. However, I think the amendment might have also gone too far in some ways.
A retired senior judge recently told me that if we ignore seniority in appointments, chief justices in the provinces will lose the incentive to work well and will hover around politicians. Hence, while I still think the 26th Amendment was necessary, one must acknowledge that some of its elements have the potential to result in judicial chaos. We need to take a second look at these new changes right now and prioritise the proper functioning of the judiciary.
M Shaikh
Islamabad
